A little more help please...

[ATCSTEVE 0]

Ok,Ive been searching the forms for a long time,and trying to figure this stuff out isnt easy.So I think my wife needs a i601 wavier.She had a i130 approved(but waited 2 years,and had to ask for reinstatement)Now ive learned from the computer stuff that she is a ewi, for more than 20 yrs.She went back to mexico last week to bury her father.Now we want to continue her paperwork correctly while she is there.I guess my questions are these...is there a form to be filed before the i601,and after the i130?Some type of automatic form that always gets denied,that then lets you file the i601?Im waiting on the reinstated i130,but i want to start the next steps ahead of the game,so to speak! Also what are normal fee,s from lawyers to do the i601 hardship waivers only?Im broke but trying to get some type of help doing this,so i dont mess it all up,worse than it is now!

[Deputy Purple 1,294]

She will have to go through the normal consular process. NVC, I-864 and Immigrant Visa Application with appropriate fees. The CO will deny her Immigrant Visa and she can turn in the I-601 Hardship Letter at the interview.

[Boiler 45,557]

She did not tell you she was here illegally?

[ATCSTEVE 0]

No,I knew how she got here.I meant that I now know what the ewi meant!So the first form after the i130 is a i-864?Should I me submitting that now, as I wait on the new i-130?Im already trying to prepare for the hardship waiver that will follow!Thanks again for all your guy/gals help!

[Sergi9 110]

No,I knew how she got here.I meant that I now know what the ewi meant!So the first form after the i130 is a i-864?Should I me submitting that now, as I wait on the new i-130?Im already trying to prepare for the hardship waiver that will follow!Thanks again for all your guy/gals help!

Yes you can go ahead and collect the stuff for the I864. Your wife will be denied the VISA at Embassy, but in the reinstatement process you need to try to get a handle on the total time it takes to reinstate. Some people just file a new I130 since it appears it is commonly believed to take longer than reinstatement. When did you file for reinstatement?

[Boiler 45,557]

Reinstate?

[ATCSTEVE 0]

I filed it 2 weeks ago and got a letter stating they did receive it(the i130). How do I file the i864?how long does that usually take?Thanks again

Edited September 19, 2011 by ATCSTEVE

[Deputy Purple 1,294]

I filed it 2 weeks ago and got a letter stating they did receive it(the i130). How do I file the i864?how long does that usually take?Thanks again

You are a the very beginning of the process, spend some time reading the guide.

After you get your I-130 Approval (NOA2, which takes from 2 - 6 months on average), your casefile will be forwarded to the National Visa Center (NVC). This is where you'll pay the fees and provide the I-864 (AOS) & DS-230 Immigrant Visa Application.

The NVC will then forward the casefile to the consulate for consular processing.

Now she will need to have her Medical Exam and to the Consular Interview.

She will be denied at the interview and can submit her I-601 Waiver Hardship letter at the interview. The whole process can take from 8 - 14 months depending on how proactive you are in driving the process.